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Article: Arkansas Supreme Court rules state law bad faith claim preempted by ERISA
- Article from:
- Lawyers USA
- Article date:
- March 10, 2008
CopyrightCopyright 2008 Lawyers USA. Provided by ProQuest LLC. (Hide copyright information)
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ERISA preempts a state law claim for the bad faith denial of long-
term disability benefits, the Arkansas Supreme Court has ruled.
The plaintiff was a pack-a-day smoker who worked as a maintenance
laborer at a chemical company for over 20 years. He suffered two
heart attacks, resulting in an angioplasty and cardiac
catheterization.
The plaintiff did not return to work and drew disability benefits
for nearly three years. But the benefits plan required him to see a
physician regularly to remain eligible for long-term disability
benefits.
The plan administrator requested that the plaintiff provide